Authoritarian International Law?

• 成果类型: Article
• 署名作者: Ginsburg, Tom
• 署名单位: University of Chicago; University of Chicago
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2020.3
• 发表日期: 2020
• 页码: 221-260
• 关键词: eurasian economic union; HUMAN-RIGHTS; emerging right; DEMOCRACY; BACKLASH; ORGANIZATIONS; democratization; resistance; TREATY; COURTS

摘要

International law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian international law, designed to extend authoritarian rule across time and space.